Terms of Use

Wi-Fi Country Customer Agreement

Read This Customer Agreement Carefully Before Using Our Wireless Internet Services.

The terms and conditions of this Agreement shall govern the relationship between you ("Customer") and Whiteflash Internet-Friendly Infrastructures (WIFI) Country Inc. ("Wi-Fi Country"). Wi-Fi Country provides its wireless Internet access services, as they may exist from time to time ("Services"), to Customers who establish an account with Wi-Fi Country. By establishing an account or using any software provided, developed, licensed or owned by Wi-Fi Country (the "Software"), you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Wi-Fi Country policies posted on our Web site.

Subscription Requirements

Customers must be at least 18 years old. Access points or enabled venues may not be available in all areas. Current prices for Wi-Fi Country's Services are posted on our Web site at http://www.wificountry.ca. These rates also may be obtained by calling 1-866-341-9434. Wi-Fi Country reserves the right to change prices and institute new fees at any time.

Payment Obligations Of A Customer

Customers must (1) provide Wi-Fi Country with accurate and complete billing information including legal name, address, telephone number and credit card/billing information, and (2) report to Wi-Fi Country all changes to this information within 30 days of the change. Customers are responsible for any charges to their account.

Customers having questions regarding charges to an account should contact Wi-Fi Country's Customer Service Department at 1-866-341-9434 or by email at accounts@wificountry.ca. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

Charges are billed to Customers' credit cards each month for the applicable service plan and any additional usage or services. Wi-Fi Country is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Wi-Fi Country.

Delinquent accounts may be suspended or canceled at Wi-Fi Country's sole discretion; however, charges will continue to accrue until the account is canceled and collection fees, late charges or other similar fees may be added. Wi-Fi Country may bill an additional charge to reinstate a suspended account.

Customer's Account, Password And Security

Upon registration, you will receive a username, password and user identification number. You are the only authorized Customer of your Wi-Fi Country account, except if expressly specified otherwise in your service plan, and you must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify Wi-Fi Country immediately upon discovering any unauthorized use of your account.

You agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection.

Usernames and passwords are Wi-Fi Country's property and Wi-Fi Country may alter or replace them at any time.

Monitoring The Services

Wi-Fi Country has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Wi-Fi Country, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Services properly; or protect itself and its Customers.

Disclaimer Of Warranties And Limitation Of Liability

EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY Wi-Fi Country, Wi-Fi Country DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. Wi-Fi Country HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE SERVICES AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Wi-Fi Country DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wi-Fi Country MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH Wi-Fi Country OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE AND ASSUMES ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND Wi-Fi Country DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY Wi-Fi Country OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. ANY STATEMENTS MADE IN PACKAGING, MANUALS OR OTHER DOCUMENTS, OR BY ANY OF Wi-Fi Country’S AGENTS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS WARRANTIES BY Wi-Fi Country OF ANY KIND. Wi-Fi Country AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, Wi-Fi Country'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL BE TO RECOVER THE ACTUAL DAMAGES CUSTOMER INCURS BASED UPON REASONABLE RELIANCE ON THE SERVICES AND/OR LICENSED PROGRAMS UP TO FIVE U.S. DOLLARS (US $5.00).

Web Site Usage

Our Web site on the World Wide Web at the domain "http://www.wificountry.ca" or any other site operated by Wi-Fi Country is a complimentary information service offered by Wi-Fi Country at no charge to Customers. We may provide links on the Web site to other Web sites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by Wi-Fi Country of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Your posting of material on the Web site or providing material to Wi-Fi Country to use on the Web site will be deemed to be a grant by you to Wi-Fi Country of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

Acceptable Use Policy

All Customers of the Services and users of this Web site and/or the Software agree to and must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Wi-Fi Country to liability or may violate this AUP. Wi-Fi Country may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or Wi-Fi Country account or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Services to:

1. transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
2. harm, or attempt to harm, minors in any way;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
4. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
5. transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
7. transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
12. resell the Services without Wi-Fi Country's authorization;
13. use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

Wi-Fi Country requests that anyone who believes that there is a violation of this AUP direct the information to: service@Wi-Fi Country.com. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; and (3) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

Wi-Fi Country may take any one or more of the following actions, or other actions not listed, at Wi-Fi Country's sole discretion in response to complaints: (1) issue warnings: written or verbal; (2) suspend the Customer's account; (3) terminate the Customer's account; (4) bill the Customer or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (5) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

Term Of Agreement

Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.

Legal Notices

All content included on this Web site, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of Wi-Fi Country or its licensors or partners and is protected by Canadian and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of this Web site without the express written permission of Wi-Fi Country is strictly prohibited.

Termination

You may terminate your account at any time and for any reason by providing notice of intent to terminate to Wi-Fi Country at least 5 business days prior to the end of your billing cycle. Notice may be provided by: registered or certified mail, return receipt requested addressed to Wi-Fi Country Customer Service, 113 Laurent Drive, Winnipeg, Manitoba, R3V 1S1; or telephone calls directed to Customer Service at 1-866-341-9434. Your termination will only be complete upon your receipt of a cancellation confirmation number from Wi-Fi Country. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle.

Without prior notice, Wi-Fi Country may terminate this Agreement, your password, your account or your use of the Services, for any reason, including, without limitation, if Wi-Fi Country, in its sole discretion, believes you have violated this Agreement or any of the applicable Customer policies, or if you fail to pay any charges when due. Wi-Fi Country may provide termination notice to you by: email addressed to your email account or by mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

Sections of this Agreement relating to (1) your payment obligations, (2) your account, password and security, (3) disclaimer of warranties and limitation of liability and (4) jurisdiction shall survive termination of this Agreement.

Assignment

Customer may not assign his/her rights under this Agreement without Wi-Fi Country’s prior written consent.

Miscellaneous

This Agreement, the Privacy Policy and Wi-Fi Country's other Customer policies posted on Wi-Fi Country's Web site constitute the entire agreement between you and Wi-Fi Country with respect to your use of the Services. Wi-Fi Country may revise, amend or modify this Agreement and any other Customer policies and agreements, at any time and in any manner. Wi-Fi Country’s failure at any time to require strict performance by Customer or any other licensees of any of the provisions herein shall not waive or reduce Wi-Fi Country’s right to thereafter require strict compliance with any provisions of this Agreement.